Apr 22, 2013 8:00am PDT
, eric holder, president obama, the white house, you know, they want this in the u.s. court system. as a result of that, that puts you on a certain path. i think there is some concern here, certainly on my part and others if you don't mirandize him obviously he's entitled to his defense, and the defense is going to take that and make it a serious issue. and so, you know, yes it's great, put him in the u.s. court system if that's what you want to do but be aware that, you know, it's dangerous at times. and so if they start pulling information out of him and they haven't read him his rights, because they say there is an exception in terms of public security, then if they want to go that route i think we have to be careful, because it could come back around and bite us in the back side. jenna: interesting just for context for the jose padilla case, who was considered an enemy combatant and then put in civilian court he did not get the maximum sentence. there was a lot of legalities around that, and there are some questions still being raised about how that case was handled and whether
Apr 22, 2013 12:00pm PDT
to legal counsel when you're being questioned for national security purposes. so i hope the obama administration will allow that exception and they have a very bad track record here. >> the white house telling reporters it would try tsarnaev in federal court and no other options were considered. >> this is matter decide ode by the attend of yates and the attorney general. the whole national security team supports this decision. >> to bring it down for you, the confusion comes over the venue. there is no way under the military commissions act to try an american citizen at the military courts in guantanamo bay, but if a sed threshold of evidence was met, if there was evidence that the brothers were directed by a foreign terrorist organization that would call for enemy combatant status. >> we have been talking about the trip to russian that the older suspect took. it's my understanding you learn more about the trip. >> fox news was told that russia's equivalent othe fbi isn't a letter to the bureau claiming the older brother was a believer in radical islam and traveled to join an ext
Apr 22, 2013 3:00pm PDT
harm or potentially harm the federal case. >> the white house decision sets a pattern, since march 2009 the obama administration changed the way the war is prosecuted. ordering the pentagon who stop using the term global war on terror. instead calling it an overseas contingency operation. the president's current cia director raised eyebrows when he declared jihad is not necessary lay bad thing. >> as americans, we refuse to live in feemplet nor do we describe our enemy as jihadists or islamists because jihad is a holy struggle a legitimate tenet of islam. >> our president says we have a war on al qaeda not a war on terror. >> that's ridiculous. this is ideologically based war which ideology that unfortunately emerges from a religion. >> critics say it comes down to semantics whether the administration considers this a war, involving enemy combatants or a law enforcement challenge. bret? >> bret: jennifer griffin live at the pentagon. thank you. much more on all of this with the panel tonight, an expanded panel. president obama will attend a memorial service thursday for the victims of t
Apr 22, 2013 4:00pm PDT
are being security purposes. i hope the obama administration will allow us that option that exists in our law. they have a very bad track record here. >> the white house telling reporters it would try the younger brother in federal court and that no options were considered. >> this is a matter that's decided by the department of justice and the attorney general, obviously at the top, the whole national security team supports this decision. >> military trial was not an option in this case because the 19-year-old is an american citizen. even if it provided more information about his brother who was killed last week. shep. >> shepard: catherine herridge in washington. catherine, thank you. that criminal complaint details the suspect's serious injuries. gunshot wounds to the head, the throat, the legs, and the hand. investigators say it appears the suspect shot himself as swat teams closed. in a possible attempt to kill himself they say. today, officers said he was in very bad shape by the time they took him down. >> moving up to the boat, he was actually laying down on the side of the boat.